Addo Vrs Allotey [2022] GHASC 83 (25 May 2022)

Addo Vrs Allotey [2022] GHASC 83 (25 May 2022)

The Supreme Court found that the Court of Appeal did not err in its application of the law regarding the distribution of marital property, the award of a lump sum, and the partition of the UK properties. However, it varied the distribution of the Ogbojo matrimonial home, awarding 30% to the Petitioner and 70% to the Respondent, with the Respondent to buy out the Petitioner’s share. The appeal was otherwise dismissed.

Citation
[2022] GHASC 83
Parties
Petitioner/respondent/appellant: Eric Kofi Agyei Addo; Respondent/appellant/respondent: Salome Alu Allotey
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
25 May 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed with variation
Legal Topics
Divorce, Matrimonial Property, Custody, Maintenance, Company Law, Property Settlement
Source Language
English
Family Law Divorce Matrimonial Property Custody Maintenance Company Law Property Settlement

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Parties

Eric Kofi Agyei Addo

Petitioner/respondent/appellant

Salome Alu Allotey

Respondent/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the judgment was against the weight of evidence
  2. 2 Whether the Court of Appeal misdirected itself in settling the matrimonial home on the Respondent
  3. 3 Whether the Court of Appeal erred in awarding a lump sum of GHS 300,000.00 to the Respondent

Ratio Decidendi

The Supreme Court found that the Court of Appeal did not err in its application of the law regarding the distribution of marital property, the award of a lump sum, and the partition of the UK properties. However, it varied the distribution of the Ogbojo matrimonial home, awarding 30% to the Petitioner and 70% to the Respondent, with the Respondent to buy out the Petitioner’s share. The appeal was otherwise dismissed.

Court Disposition

appeal dismissed with variation

Orders

  • Variation of the Court of Appeal's order: Ogbojo matrimonial home to be shared 70% to Respondent, 30% to Petitioner; Respondent to buy out Petitioner’s 30% interest
  • Settlement of Aburi land on Petitioner confirmed